Terms and Conditions
 

By checking the box below, you agree, warrant and covenant as follows:

 

HOLD HARMLESS AGREEMENT:

I hereby hold harmless and save from liability San Diego Rocket Race, the race organizers of the Supercolossal Fan Race, and their staff for any injury received or illness incurred as a result of any participation in the Supercolossal Fan Race on July 24, 2008.  I certify that I am in good health and physically capable of competing in this event.

 

1. Authority to Register and/or to Act as Agent. You represent and warrant to San Diego Rocket Race that you have full legal authority to complete this event registration on Active, including full authority to make use of the credit or debit card to which registration fees will be charged. In addition, if you are registering third parties, you represent and warrant that you have been duly authorized to act as agent on behalf of such parties in performing this event registration. By proceeding with this event registration, you agree that the terms of this Registration Agreement shall apply equally to you and to any third parties for whom you are acting as agent. Compliance with Children's Online Privacy Protection Act (COPPA). You represent and warrant that, in compliance with COPPA, you are over thirteen (13) years of age, and that if you are registering a child under fourteen (14) years of age you are the parent of such child, and do hereby consent to the collection of such child's personal information by San Diego Rocket Race.

 

2. Limitation of Liability; Disclaimer of Warranties. SAN DIEGO ROCKET RACE AND ITS ORGANIZERS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM (A) THE USE OR THE INABILITY TO USE ONLINE REGISTRATION OR (B) FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR (C) RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF SAN DIEGO ROCKET RACE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU EXPRESSLY AGREE THAT USE OF SAN DIEGO ROCKET RACE IS AT YOUR SOLE RISK. SAN DIEGO ROCKET RACE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SAN DIEGO ROCKET RACE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

 

San Diego Rocket Race makes no warranty that the San Diego Rocket Race sites' services will be uninterrupted, secure or error free. San Diego Rocket Race does not guarantee the accuracy or completeness of any information in, or provided in connection with, the San Diego Rocket Race sites. San Diego Rocket Race is not responsible for any errors or omissions, or for the results obtained from the use of such information. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the San Diego Rocket Race sites is at your own discretion and risk and that you will be solely responsible for any damage to your own computer system or loss of data that results from the download of such material and/or data.

 

3. Indemnification. You agree to indemnify and hold each of San Diego Rocket Race and its officers and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of San Diego Rocket Race or the violation of any term of this Liability Waiver or the Active Terms of Service by you.

 

4. Applicable Law; Consent to Jurisdiction. The San Diego Rocket Race sites (excluding linked sites) are controlled by San Diego Rocket Race from its offices within the State of California, United States of America. By completing this event registration, both you and San Diego Rocket Race agree that the statutes and laws of the State of California, without regard to the conflict of laws principles thereof, will apply to all matters relating to this event registration, this Liability Waiver, or other use of the San Diego Rocket Race sites. You agree that exclusive jurisdiction for any dispute with San Diego Rocket Race resides in the courts of the State of California and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of California in connection with any dispute including any claim involving San Diego Rocket Race or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.

 

5. Severability. If any provision of this Liability Waiver shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Liability Waiver and shall not affect the validity and enforceability of any remaining provisions.

 

6. San Diego Rocket Race shall only use any Personal Identifying Information (as defined below) for the purpose of order processing, fulfillment, customer service, marketing and renewal purposes. San Diego Rocket Race shall not use any Personal Identifying Information for solicitation purposes or for any other purpose not explicitly permitted in this Agreement. "Personal Identifying Information" shall include any information about users of San Diego Rocket Race’s website provided e by registrants, or other users of San Diego Rocket Race’s website.

 

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